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Home My WebLink AboutCAG2020-276 - Amendment - #1 - J.A. Brennan Associates, PLLC - Signature Pointe Levee Illustrative Graphics - 12/03/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper)WaSHtNGToN E oLo.o. Originator: Nancy Yoshitake for Thomas Leyrer Department: Public Works Date Sent: 12t3t20 Date Required: 12t7t20 Authorized to Sign: E Director or Designee E Mayor Date of Council Approval: N/A Budget Account Number: D20085 Budget? EYes ENo Grant? EYes E No Type: c .9flo ELorFs iHg ttt EooLol Vendor Name: J.A. BRennan Associates, PLLC Category: Contract Vendor Number:Sub-Category: Amendment 1 Projec turu' Signature Pointe Levee project r".u'lr.Extend the time of completion Agreement Amount:$0 srart Dare: 1213120 Basis for Selection of Contractor: Termination Date: 12131121 Local Business? EYes E No* *lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace. Notice required prior to disclosure? trYes ENo Contract Number: cAG2020-276 otr ,Ha E$o=E,ioc .9vt Date Received by City Attorney:Comments: Date Routed to the Mayor's Office: Date Routed to the City Clerk's Office: ad(W22lil I 20 Visit Documents.KentWA.gov to obtain copies of all agreements KENT WASHTNGToN AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR:J.A. Brennan Associates, PLLC CONTRACT NAME & PROJECT NUMBER:Sionature Pointe Levee ORIGINAL AGREEM ENT DATE Auqust 31, 2O2O This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is needed to extend the time of completion to December 3L,2O2L due to the project will not be completed by the time of contract completion. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, includ ing a pplicable WSST $13,031 Net Change by Previous Amendments including a ppl icable WSST $o Current Contract Amount including all previous amendments $13,031 Current Amendment Sum $o Applicable WSST Tax on this Amendment $o Revised Contract Sum $13,031 AMENDMENT-1OF2 Original Time for Completion (insert date) t2t3t/20 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (*) for this Amendment 365 calendar days Revised Time for Completion (insert date) t2l3rl2v -?n"bl Jip The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. JA Brennan - Signature Polnte Amd l/Leyrer CONSULTANT ENDOR: By Pri (signature) me: I (title) DATE: CITY OF KENT: By (signature) Print Name: Carla Malonev. P,E, I fcn on Fnoinperinc Ma naoer (tit!e)DATE: IZ/Z/ZOZO ATTEST: {* f{"Mrdc Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT-2OF2 Client#: 328420 JABREl ACORD-" CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: DATE (MM/DD/YYYY} 8t17t2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIGATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to ths terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI lnsurance Services LLC 601 Union Street, Suite 1000 Seattle, WA 98101 206 44r-6300 Please See Below: l'fi8"r.o. e*tl, 877 679-5942 610-362-8530 Seattle. INSURER(SI AFFORDING COVERAGE NAIC # ;NSURER A . Travelers lndemnity Company 25558 INSURED J. A. Brennan Associates, PLLC 2701 First Ave., Suite 510 Seattle, WA 98121 ;NSURER B , Travelers Casualty & Surety Co. of Amer 31194 INSURER C INSURER D INSURER E: INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO!\N MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSUMNCE POLICY NUMBER POLICY EFF rMM/DDIYYYYI LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER: PRO. JECT LOC x x X x 6807H48018A2047 t3to1t2020 o3t01t2021 EACH OCCURRENCE s2.000.000 DAMAGE TO RENTEDPRFMIStrS aFr ^..'tnan.a\s 1.000.000 MED EXP (Any one person)s10,000 PERSONAL & ADV INJURY s2.000.000 GENERAL AGGREGAIE s4.000.000 PRODUCTS - COMP/OP AGG s4.000.000 A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-O\AAlED AUTOS ONLYx X x 8A6614P2882OGRP ,3to1t2020 03t01t2021 $1,000,000 BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PIiOPEIi IY IJAIVAGE aPsr accialenl\$ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAI|\ilS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NHI lf yes, describe under DESCRIPTION OF OPERATIONS below N'A X 6807H48018A2047 (WA Stop Gap) 03to1t2020 03t01t2021 PERqTATI ITF x OTH-FP E.L. EACH ACCIDENT s1.000.000 E.L. DISEASE - EA EIUPLOYEE s1.000.000 E.L. DISEASE - POLICY LIMIT s1,000.000 B Professional Liability X 105408190 03to1t2020 03t01t2021 $1,000,000 per claim $2,000,000 annl aggr, DESCRIPTION OF OPERATIONS / LOCATIONS, VEHICLES (ACORD 101, Addltionsl Remarks Schedule, may be sttached if more space is required) RE: Signature Point Levee Project. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional lnsured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording, when (See Attached Descriptions) CERTIFICATE ACORD 25 (2016/03) #s29597597/M28{ 1 ol2 50288 @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RQSZP SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE W|TH THE POLICY PROVISIONS. City of Kent Attn: Terry Jungman 220 Fourth Avenue South Kent, WA 98032 qa*A, /?,/*,,-* AUTHORIZED REPRESENTATIVE DESCRIPTIONS (Gontinued from Page 1) required by wriften contract. Per Project Aggregate applies to the General Liability policy per attached endorcement. SAGITTA 25.3 (2016/03) 2 of 2 #s29597597/M28r50288 GENERALPURPOSEENDORSEMENT POLICYNUMBER: 580-7II48018A-20-47 oFFIcE PAc ISSUE DATE: LL/LL/20L9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CCID361 (03-05) - ADDITIONAIJ INSURED - OltNERg' IJES9EES OR CoNTRACTORS - SCIIEDT'IJED PERSON OR ORGANIZATIO}I This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDTT|ONAL TNSURED PERSON(S)OR ORGANTZATTON(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional lnsured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THtS SCHEDULE, tF NOT SHOWN ABOVE, WILL BE SHOWN rN THE DECLARATTONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONALINSURED THE PERSON(S)OR ORGANTZATTON(S) SHOWN tN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", PERSONAL INJURY OR'ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS;OB 2. THE ACTS OB OMISSIONS OF THOSE ACTING ON YOUR BEHALF; lN THE PEFTFORMANCE OF YOUR ONGOTNG OPERATTONS FOR THE ADDTTTONAL TNSURED(S)AT THE LOCATTON(S) DESTGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY:THIS INSURED DOES NOT APPLY TO cG T8 01 03 20 Page L ol 2 GENERALPURPOSEENDORSEMENT POLICYNUMBER: 580-7H48018A-20-4? OFFICE PAC ISSUE DATE: LI/LL/20]-9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CCD351 (03-05} - ADDTTIONAIJ INSURED - OIIINERS, IJESSEES OR CONTRACTORS ' SCIIEDUT,ED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING, OR -PERSONAL INJURY" OR "ADVERTISING INJURY" ARISING OUT OF AN OFFENSE COMMITTED, AFTER: 1. ALL WOBK, INCLUDING MATEBIALS, PARTS OR EQUIPMENT FURNISHED IN CoNNECTION W|TH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCE OR REPAIRS)TO BE PERFORMED BY OR ON BEHALF OF THE ADDTTTONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OH DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHEB THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. cG Ds 61 03 05 Copyright 2OO5 The St. Paul Travelers Companies, lnc. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cc E8 01 03 20 Page 2 of 2 COMMERCIAL GENERAL LIABILITY POLICY: 6807H4801 I A2O47 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "you/' refer to the Named lnsured shown in the Declarations, and any other person or organization qualifying as a Named lnsured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section ll - Who ls An lnsured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERW DAMAGE LIABILIry 1. lnsuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply, We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section lll - Limits Of lnsurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory": (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section ll - Who ls An lnsured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. lf such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section ll - Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section ll - Who ls An lnsured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. O 2017 The Travelers lndemnity Company, All rights reserved. lncludes copyrighted material of lnsurance Services Otfice, lnc. with its permission. cG T1 00 02 19 Page 1 of 21 4. Other lnsurance lf valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section lll - Limits Of lnsurance or the Non cumulation of Personal and Advertising lnjury Limit provision of Paragraph 4. of Section lll -Limits of lnsurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising lnjury Limit endorsement is included in this policy; (iii) Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance, As used in Paragraph c. below, insurer means a provider of insurance. a. Primary lnsurance This insurance is primary except when Paragraph b. below applies. lf this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess lnsurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, lnstallation Risk or similar coverage for "your work": O 2017 The Travelers lndsmnity Company. All rights reserved. lncludes copyrighled material of Insurance Services Oflice, lnc. with its permission COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage"; (iii) lf the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "aLrtos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section ll - Who ls An lnsured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section ll - Who ls An lnsured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". lf no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess lnsurance provision and was not bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations of this Coverage Part. cG T1 00 02 19 Page 15 of 21 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing lf all of the other insurance permits contribution by equal shares, we willfollow this method also. Under this approach each insurer contributes egual amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. lf any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Prlmary And Non-Contributory lnsurance lf Required By Written Contract lf you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply ona primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named lnsured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. lf the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named lnsured. c. The first Named lnsured must keep records ofthe information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations^ 7. Separation Of lnsureds Except with respect to the Limits of lnsurance, and any rights or duties specifically assigned in this Coverage Part to the first Named lnsured, this insurance applies: a. As if each Named lnsured were the only Named lnsured; and b. Separately to each insured against whom claim is made or "srlit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us lf the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew lf we decide not to renew this Coverage Part, we will mail or deliver to the first Named lnsured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. lf notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or servicesfor the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the lnternet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. O 2017 The T.avelers lndemnity Company. All rights reseryed. lncludes copyrighted material of lnsurance Services Office, lnc. with ils permission. Page 16 of21 cG T1 00 02 19 POLICY NUMBER: 580 -7H48018A-20 -47 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE - LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE TotalAggregatelimit $ 4,000,000 (Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 4,000,000 (Other Than Products-Completed Operations) Designated Project Aggregate Limit $ 4, 000, 000 (Other Than Products-Completed Operations) General Aggregate Limit $ 4,000,000 (Other Than Products-Completed Operations) Designated Projects: Each 'rprojectl' for whLch you have agreed, in a written contract which Le in effect during thls policy per{od, to prowide a Eeparate General Aggregate Limlt, provJ.ded that the contract is sigmed by you before the ttbodil-y injurytt or "property danager occurs. Designated Locations: ALl- locatione ligt,ed in Iben 3. of the Comron Policy Declarations or in any Maater Pac Account Exposure Endorgement included in thig poLicy. PROVISIONS 1. The General Aggregate Limit (Other Than Products-Completed Operations) shown in the Declarations is replaced by the Limits of lnsurance shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations. 2. The following replaces Paragraph 1. of SECTION III- LIMITS OF INSURANCE: COMMERCIAL GENERAL LIABILITY ISSUE DATE: LLItL/20Le 1. The Limits of lnsurance shown in the Declarations or the Schedule - Limits Of lnsurance And Designated Projects And Locations, whichever apply, and the rules below fix the most we will pay regardless of the number of: a. lnsureds; b. Claims made or "suits" brought; @ 2017 The Travelers Indemnity Company. All rights reserved. lncludes copyrighted malerial ol lnsurance Services Office, lnc. with its permission. cG D4 69 02 19 Page 'l of 3 COMMERCIAL GENERAL LIABI LITY c. Persons or organizations making claims or bringing "suits"; or d. "Projects" or "locations". 3. The following replaces Paragraph 2. of SECTION III_ LIMITS OF INSURANCE: 2. a. The Total Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations is the most we will pay for the sum of all amounts under the Designated Location Aggregate Limit and all amounts underthe General Aggregate Limit. This includes: (1) Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; (2) Damages under Coverage B; and (3) Medical expenses under Coverage C. b. The Designated Project Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The Designated Project Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "project". (2) The Designated Project Aggregate Limit applies separately to each "project". (3) The Designated Project Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Project Aggregate Limit does not apply to damages under Coverage B. lnstead, the General Aggregate Limit described in Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Project Aggregate Limit applies will reduce the Designated Project Aggregate Limit for the applicable "project". Such payments will not reduce the Total Aggregate Limit, the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limit for any other "project" or the Designated Location Aggregate Limit. c. Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the Designated Location Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The Designated Location Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurfences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "location". (2) The Designated Location Aggregate Limit applies separately to each "location". (3) The Designated Location Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Location Aggregate Limit does not apply to damages under Coverage B. lnstead, the General Aggregate Limit described in @ 2017 The Travelers lndemnily Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, Inc. with its permission Page 2 of 3 cG D4 69 02 19 Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Location Aggregate Limit applies will reduce: (a) The Total Aggregate Limii; and (b) The Designated Location Aggregate Limit for the applicable "location". Such payments will not reduce the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limitor the Designated Location Aggregate Limit for any other "location". d. Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the General Aggregate Limit shown in the Schedule - Limits Of lnsurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The General Aggregate Limit is the most we will pay for the sum of; (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences", and medical expenses under Coverage C for "bodily injury" caused by accidents, that cannot be attributed only to operations at a single "project" or a single "location"; and (b) Damages under Coverage B. (2) The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" includedin the "products-completed oper-ations hazard". lnstead, the Products-Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (3) Any payments made for damages or medical expenses to which the COMMERCIAL GENERAL LIABILIry General Aggregate Limit applies will reduce: (a) The TotalAggregate Limit; and (b) The GeneralAggregate Limit. Such payments will not reduce the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 4. The following replaces Paragraph 3. of SECTION III- LIMITS OF INSURANCE: 3. The Products-Completed Operations Aggre- gate Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard". Any payments made for such damages will not reduce the TotalAggregate Limit, the General Aggregate Limit, the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 5. The following is added to the DEFINITIONS Section: "Location" means any designated location shown in the Schedule - Limits Of Insurance And Designated Projects and Locations that is owned by or rented to you. For the purposes of determining the applicable aggregate limit of insurance, each "location" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "location". "Project" means any designated project shown in the Schedule Limits Of lnsurance And Designated Projects And Locations that is away from premises owned by or rented to you and at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "project". @ 2017 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted matorial of lnsurance Services Oftice, tnc. with its permission. cG D4 59 02 19 Page 3 of 3 POLICY: 84661 4P28820GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE TRANSPORTATION EXPENSES - INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who ls An lnsured provision contained in Section ll. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE - GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other lnsurance, of SECTION lV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (l) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who ls An lnsured, of SECTION ll - COVERED AUTOS LIABILITY GOVERAGE: @ 2015 The Travelers lndemnig Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cA T4 20 02 15 Page 1 of 3 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.l2l of SECTION II - COVERED AUTOS LIABILITY GOVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II- COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.l. of SEG- TION I- COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION lll - PHYSICAL DAMAGE GOVERAGE: Hired Auto Physical Damage Coverage lf hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50'000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) lf a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III . PHYSICAL DAMAGE COVER. AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT Paragraph C.1.b. of SECTION lll - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION lll - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Gover- age Extensions, of SECTION lll - PHYSICAL DAMAGE COVERAGE: Personal Propefi Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (l) Owned by an "insured"; and (2) ln or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission Page 2 of 3 cA T4 20 02 15 K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION lll - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.l.b. and A.l.c., but only: a. lf that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any ong "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION lll - PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles ln the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid underthe Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss", (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes copyrighted material of lnsurance Services Office, lnc. with its permission. cA T4 20 02 15 Page 3 of 3